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We all know you can be put through the human rights tribunal wringer for making an off-colour joke. But did you know there’s a group that’ll take you to task for not brushing your dog’s teeth?

Last May, an anonymous caller told the Ontario Society for the Prevention of Cruelty to Animals that 64-year-old retiree Jessica Johnson was holding dogs in poor condition. An OSPCA agent went to investigate but failed to connect with Johnson. The agent got a warrant to enter and search.

Then the agent issued an order for five dogs to be sent to a vet for inspection. It was found only one actually had problems — tartar and gingivitis. Johnson was ordered to develop a dental plan with the vet.

Johnson, with her lawyer, went to the Animal Care Review Board to fight this. With a small income, Johnson doesn’t visit a dentist herself — so why should she give a dog professional dental care? Her appeal also claimed her charter rights were violated by the agent’s entry into her home. The hearings took place over 10 days between June and November 2012.

The decision, made by two board members, was released last week: Johnson’s charter rights were not violated by the search and the care plan was justified. While Johnson was awarded some vet costs, she was denied legal costs.

So what exactly is the ACRB? Founded in 1969, it’s an agency under the umbrella of the Ministry of Community Safety and Correctional Services that hears people’s grievances against OSPCA orders and animal removals. The members are appointed. Since 2007 they’ve held 78 hearings.

Various humane societies actually have delegated policing authority. In this case, the provincial OSPCA Act of 1955 empowered agents to lay charges and granted search and seizure abilities. That they operate in isolation means a lot of their decisions are discretionary and open to activist interpretations. Keep in mind the OSPCA is actually a charity with its own agenda.

Rural people in particular have felt unduly harassed by the OSPCA. This has led Ontario MPPs Jack MacLaren and Randy Hillier, among others, to advocate altering the OSPCA’s policing powers.

Despite their near win, Ruby’s client plans to appeal to the Ontario Superior Court in opposition to the ruling that it’s within the board’s scope to hear charter matters. Otherwise, given some attitudes against the OSPCA, this would set a precedent for similar challenges.

These cases don’t receive a lot of scrutiny. Most news outlets have court reporters, but they expect cases coming from traditional courts. Not — as in Johnson’s case — a quasi-judicial hearing to pop up in a small, low-ceilinged meeting room of an Ottawa hotel.

That’s always been the problem with such set-ups. They have power over us but little oversight.

After attending the hearings or reading the decision, most people would agree Johnson is far from an optimal pet owner. But is it the government’s place to enforce optimal care? The simple answer has always been this: If a human rights or animal abuse case is serious enough, call in the real cops, take it to the real courts. And if it doesn’t meet that threshold? Then nothing happens.

I just thought you should know all this so you think twice before making a crude joke about animal hygiene. You may just find yourself in front of both human rights and animal tribunals.

Charter rights go to the dogs

We all know you can be put through the human rights tribunal wringer for making an off-colour joke. But did you know there’s a group that’ll take you to task for not brushing your dog’s teeth?

Last May, an anonymous caller told the Ontario Society for the Prevention of Cruelty to Animals that 64-year-old retiree Jessica Johnson was holding dogs in poor condition. An OSPCA agent went to investigate but failed to connect with Johnson. The agent got a warrant to enter and search.

Then the agent issued an order for five dogs to be sent to a vet for inspection. It was found only one actually had problems — tartar and gingivitis. Johnson was ordered to develop a dental plan with the vet.

Johnson, with her lawyer, went to the Animal Care Review Board to fight this. With a small income, Johnson doesn’t visit a dentist herself — so why should she give a dog professional dental care? Her appeal also claimed her charter rights were violated by the agent’s entry into her home.

Angela Merkel’s proposed burka ban is huge news not so much because of what it is but because of who’s saying it. She’s one of the last politician in Europe you’d expect to float the idea. It means these sorts of policy ideas are well on their way to becoming acceptable fodder in mainstream, centrist politics.